Dennis v. Consolidated Rail Corp.

INTRODUCTION

This case originated as a personal injury claim brought by Donald Dennis against Consolidated Rail Corporation (Conrail), arising from an incident in which Dennis was,struck by a Conrail train at the Framingham commuter rail station. Conrail joined the MBTA, which operates the station. Dennis settled with Conrail for $270,000, and with the MBTA for $10,000. Conrail and the MBTA then pursued indemnification claims against each other, based on provisions of their “Trackage Rights Agreement.” These claims came on for trial before this Court on October 6, 1998.

At the outset of the…